Hittinger Coauthors "Antitrust Plaintiffs' Use of Federal Rule of Evidence 803(3) to Prove Causation and Damages: Revisiting Callahan and Stelwagon" for Bloomberg BNA

Articles / February 8, 2010

Carl Hittinger co-authored with the Honorable Louis C. Bechtle an article for Bloomberg BNA, entitled "Antitrust Plaintiffs' Use of Federal Rule of Evidence 803(3) to Prove Causation and Damages: Revisiting Callahan and Stelwagon." The piece outlines the use of evidence in civil pleadings, discussing the differences between guidelines established by Twombly and Iqbal with those set by Callahan and Stelwagon, which allow plaintiffs to meet the burden of proof necessary more readily, "but also provide opportunities for defendants to successfully challenge plaintiffs' evidence."

Hittinger outlines both Callahan and Stelwagon, summarizing their impact on future cases. He concludes by stating that the Third Circuit has not yet revisited the provisions set forth in Callahan and Stelwagon, though they set a precedent that plaintiffs must prove amount of damages and defeat evidence of plausible alternative explanations of loss or of defendants' behaviors in order to survive reversal.

The article was also published in The Legal Intelligencer on December 7, 2009.

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